Wednesday, January 13, 2010

Can a couple file taxes jointly if a parent claimed one of them?

Can a couple file taxes jointly if a parent claimed one of them on their tax return, because the married one in question lived with the parent who claimed them for 8 months, then married toward the end of the year.Can a couple file taxes jointly if a parent claimed one of them?
The couple can file a joint return. In most cases the dependency claim of the parent will be denied as a matter of routine by the IRS. Only in very limited cases can a parent claim a married child who filed a joint return with their spouse.





If both of them earned less than $3,500 and would have received a refund of all taxes withheld from their pay on separate returns and the ONLY reason that they filed a joint return was for a refund of all taxes withheld, the parent can claim the child if otherwise eligible. If that test is not met, the IRS will deny the exemption and any other tax benefits claimed by the parent.





If the parent has already filed and claimed the child, the couple will have to file a paper return by mail. The IRS will then resolve the issue according to the law. If the couple has any tax liability on their return at all, the only proof they will need to provide to the IRS is a copy of their marriage license.





Ideally the ';kids'; should tell the parent(s) that they are filing jointly so that the parents can file amended returns before the April 15th filing deadline and pay back what they will owe the IRS. If the IRS resolves the issue after April 15th, the parent(s) will be stuck with penalties and interest for late payment. (The IRS may abate the penalties upon request, however they cannot abate the interest.)Can a couple file taxes jointly if a parent claimed one of them?
It's really the other way around. If a couple files a joint return, unless they just file to get a refund on everything either of them paid in, a parent can't claim one of them.
Several times I've seen newlyweds carefully file MFS so that the parents can claim their child one-more-time. The new spouse realized that they really wouldn't pay very much int ax and if the inlaws could get $1500 in EIC, they'd be a hero.





Staying on the good side of inlaws can be useful.
You cannot file taxes if someone else claimed you. That is double claiming and against the law. IF you married after July then you would claim with your husband as filing jointly.





You cannot file or claim someone on your taxes who can be claimed on someone elses taxes. Basically you cannot be on two different peoples taxes in one year.

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